Cole v. Butler et al

Filing 42

ORDER granting in part Plaintiff's motion for voluntary dismissal 41 . Plaintiff's claims against Defendant Mary Fletcher are dismissed without prejudice. The motion is denied in all other respects. Signed by Magistrate Judge Joe J. Volpe on 2/24/2016. (lej)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
RONNIE WAYNE COLE, ADC # 82924
v.

PLAINTIFF

2:15CV00170-JM-JJV

QUIBLE BUTLER, Nurse,
East Arkansas Regional Unit; et al.

DEFENDANTS
ORDER

Pending before the Court is Plaintiff’s Motion for Voluntary Dismissal (“Motion”) (Doc. No.
41). Pursuant to his Motion, he asks that all Defendants be dismissed without prejudice and
dismissal of this action not count as a ‘strike’ within the meaning of the Prison Litigation Reform
Act. (Id.) Only Defendant Mary Fletcher remains, however. Defendant Chew was dismissed on
screening (Doc. No. 6), Defendants Quible Butler, Monica Dunn, and Melissa Mansfield were
dismissed due to Plaintiff’s failure to exhaust administrative remedies against them (Doc. No. 34),
and Defendant Crowley was dismissed pursuant to Federal Rule of Civil Procedure 4(m) (Doc. No.
38). Accordingly, Plaintiff’s Motion will be granted only with respect to his remaining claims against
Defendant Fletcher. No strike is warranted on this dismissal.
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s Motion for Voluntary Dismissal (Doc. No. 41) is GRANTED in part.
a.

Plaintiff’s claims against Defendant Mary Fletcher are DISMISSED without

b.

The Motion is denied in all other respects.

prejudice.

2.

The Clerk of Court shall close this case.

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DATED this 24th day of February, 2016.

____________________________________
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE

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